Terms and Conditions

General Terms and Conditions for Business Transactions

1. Scope

1.1 These General Terms and Conditions apply to businesses, legal entities governed by public law or special funds governed by public law. Our General Terms and Conditions apply to all current and future business relationships.

1.2 We supply goods exclusively on the terms set out below. Any deviating or more extensive terms and conditions of the purchaser shall not be recognised, even if we do not expressly object to them. Amendments and additions must be made in writing, unless it is made sufficiently clear in declarations made in another form that they are to apply irrespective of the requirement for written form.

1.3 Provided we have drawn attention to them, our terms and conditions shall be deemed to have been accepted at the latest upon acceptance of the delivery, even if this has not been confirmed by the purchaser.
 

2. Quotations, Conclusion of Contract

2.1 All our quotations are subject to change. We reserve the right to prior sale, technical modifications and price changes until such time as the supply contract has been validly concluded.

2.2 Our quotation or our written order confirmation alone shall be decisive for the content of the contract and the scope of delivery. Any ancillary agreements and amendments require our written confirmation to be valid.

2.3 An order shall only be deemed accepted once it has been confirmed by us in writing or the delivery has been effected.
 

3. Transfer of risk, dispatch and packaging, default

3.1 The risk shall pass to the customer upon commencement of loading of the goods by us or upon handover to the carrier, even if delivery is carriage paid.If dispatch is delayed due to circumstances beyond our control, the risk shall pass to the customer at the time the goods are reported as ready for dispatch.

3.2 Dispatch and packaging shall be carried out in an appropriate manner at our discretion. 

If the customer has any specific requirements in the country of destination, they must notify us of these in writing no later than when the order is placed. In particular, any additional requirements regarding packaging, registration and labelling must be communicated by the customer and implemented following consultation. For deliveries within the EU, the provisions of the EU PPWR (Packaging and Packaging Waste Regulation) must be observed.

3.3 Delivery times quoted by us are non-binding. If, in exceptional cases, we specify a binding delivery time, the start of this period is subject to the clarification of all technical issues. Furthermore, our compliance with our delivery obligation is conditional upon the customer’s timely and proper fulfilment of their obligations. Unforeseen events which render the delivery of the goods impossible or significantly more difficult, and which we have not caused intentionally or through gross negligence – such as operational disruptions, industrial action or a general shortage of raw materials – shall extend our delivery period by a reasonable period.

3.4 We shall not be liable for a breach of the obligation to deliver on time resulting from slight negligence. This does not apply to damages arising from injury to life, limb or health. The exclusion of liability for damages due to delay shall also not apply if the delay is attributable to a culpable breach of a material contractual obligation. In such cases, however, the claim for damages shall be limited to the foreseeable, typically occurring damage.
 

4. Prices, Terms of Payment

4.1 Prices are quoted ex works in euros, excluding packaging; the customer shall bear the costs of transport, such as freight, loading, transport insurance and customs duties, etc. If carriage paid delivery has been agreed, any additional costs arising from the purchaser’s shipping requirements that deviate from our quotation shall be borne by the purchaser.

4.2 Invoicing shall be on a euro basis at the prices generally applicable on the day of delivery, unless specific prices have been agreed. If, in accordance with the contract or for reasons attributable to the purchaser, delivery takes place more than three months after the conclusion of the contract, we shall be entitled to adjust the agreed prices in line with changes to our general delivery prices within the framework of market-driven price developments.

4.3 Payments are to be made free of charges in the agreed currency to our registered office.

4.4 Payments must be made without deduction within 30 days of the invoice date and dispatch or readiness for dispatch. If the payment deadline is exceeded, statutory interest shall be charged. Bank transfers shall be deemed payment upon crediting, and cheques upon receipt by us, subject to clearance.

4.5 Payment orders and bills of exchange shall only be accepted by special agreement and, like cheques, shall only be accepted on account of payment. Collection and discount charges shall be borne by the customer. Assignment and prolongation shall not be deemed fulfilment.

4.6 Discounts, such as cash discounts or other concessions, shall only be granted on the basis of specific agreements. The purchaser may only deduct an agreed cash discount if they are not in arrears with any other obligations owed to us.

4.7 The purchaser may only set off our claims or assert a right of retention against undisputed or legally established claims.

4.8 Delays in payment or the discovery of a material deterioration in the purchaser’s financial circumstances entitle us, as the supplier, to demand immediate full payment or adequate security, without this limiting our right to withdraw from the contract in such a case.

4.9 The assignment of claims against us is excluded.
 

5. Call-off orders

5.1 In case of doubt, call-off orders must be taken delivery of by the customer and paid for in full within twelve months of the order being placed at the latest.

5.2 If a more favourable graduated price has been agreed on the basis of the total call-off quantity, we shall be entitled to adjust the price in accordance with the quantity scale if the customer fails to take delivery of the total quantity on time for reasons for which they are responsible.

5.3 Upon expiry of the deadline for a call-off order, we shall be entitled, after setting a grace period in writing to the customer, to withdraw from the contract in respect of the quantities not taken off and/or to claim damages in lieu of delivery.
 

6. Retention of title

6.1 We retain title to the goods delivered by us until all our claims arising from the business relationship have been settled.

6.2 We shall be entitled to demand the return of the goods subject to retention of title in the event of the customer’s breach of contract, in particular in the event of default in payment or a breach of any obligation under these General Terms and Conditions.

6.3 The customer shall store the goods subject to retention of title on our behalf free of charge. They must insure them against the usual risks, such as fire, theft and water damage, to the usual extent. If the customer cannot provide evidence of insurance for the goods, we are entitled, but not obliged, to insure the goods accordingly at the customer’s expense.The customer hereby assigns to us, in advance, any claims for compensation to which they are entitled against insurance companies or other parties liable for damages arising from the aforementioned types of loss, up to the invoice amount of the goods. We accept this assignment.

6.4 The purchaser is prohibited from pledging or transferring ownership of the goods subject to retention of title by way of security. In the event of attachment or other measures by third parties that impair our rights, or in the event of the customer’s suspension of payments, application for or commencement of insolvency proceedings in respect of their assets, the customer must inform us immediately and provide all information necessary for us to exercise our rights.The purchaser hereby irrevocably authorises us, for this purpose, to enter its premises or land and, where necessary, to dismantle and collect the goods subject to retention of title. The customer is also obliged, in the event of attachments or other measures by third parties that infringe our rights, to expressly draw their attention to our ownership rights.

6.5 The customer is entitled to resell the goods remaining our property in the ordinary course of business. The customer hereby assigns to us all claims arising from such resale against a third party, in the amount of the invoice sum. We accept this assignment. Following the assignment, the customer is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the customer fails to meet their payment obligations properly and falls into arrears.

6.6 Any treatment or processing of the goods by the customer shall always be carried out in our name and on our behalf. If the goods are processed together with items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods supplied by us in relation to the other processed items. The same shall apply if the goods are mixed with other items not belonging to us.

6.7 If the value of the security provided by us exceeds the value of the claim to be secured by more than 25 per cent, we shall be obliged, at the purchaser’s request, to release a corresponding portion of our security.

6.8 Where goods are taken back on the basis of the retention of title, their realisation shall be at the purchaser’s expense. Subject to any further loss, we are entitled to charge 15 per cent of the loss incurred on realisation as a flat-rate fee.
 

7. Warranty and Liability for Damages

7.1 The purchaser must inspect the delivered goods for defects immediately. Any defects detectable upon proper inspection must be reported to us in writing without delay, at the latest within eight days of receipt of the goods (strict time limit).

7.2 Our statements regarding the properties of our products correspond to the results of our calculations, tests and trials. This does not constitute a guarantee in the legal sense. Public statements, promotional claims or our advertising do not constitute a contractual description of the quality of the goods. Nor are defects those faults attributable to unsuitable or improper use of our goods, unauthorised modifications, faulty assembly or commissioning, natural wear and tear, faulty or negligent handling, unsuitable operating materials, substitute materials, or chemical, electro-chemical or electrical influences. Defects also do not include faults attributable to measures or designs expressly requested by the customer, or those occurring in materials or products supplied by the customer.

7.3 We shall initially provide warranty for defects by way of subsequent performance, which shall consist, at our discretion, of rectification or replacement. If the subsequent performance fails, the customer may, in principle, at their discretion, demand a reduction in the price (set-off) or rescission of the contract (withdrawal). However, in the event of only a minor breach of contract, in particular where the defects are only minor, the customer shall not be entitled to rescind the contract.

7.4 If the customer chooses to withdraw from the contract due to a legal or material defect following a failed attempt at subsequent performance, they shall not be entitled to any additional claim for damages in respect of the defect.

7.5 If the customer receives faulty assembly instructions, we are only obliged to supply fault-free assembly instructions, and even then only if the fault in the assembly instructions prevents proper assembly.

7.6 Claims for damages arising from material defects or defects of title are excluded in the event of a breach of our obligation to deliver goods free from defects caused by slight negligence. This does not apply to claims arising from product liability or to damages resulting from injury to life, limb or health.

7.7 The customer’s claims arising from a defect shall become time-barred one year after delivery of the goods. This shall not apply if we can be accused of fraudulent misrepresentation.
 

8. Liability

8.1 We shall not be liable for a breach of minor contractual obligations arising from slight negligence.

8.2 The limitations of liability do not apply to the customer’s claims arising from product liability. Furthermore, the limitations of liability do not apply to damage resulting from injury to life, limb or health.
 

9. Tax and Customs Regulations

The customer shall be liable for any loss or damage incurred by us as a result of the customer providing incorrect or late information regarding tax or customs treatment, in particular with regard to value added tax. We are under no obligation to verify this information ourselves.
 

10. Export Control

European legislation must be complied with on the purchaser’s own responsibility in the implementation of foreign trade controls and to ensure a reliable supply chain. In particular, confidentiality must be maintained regarding negotiations, the results of negotiations, confidential documents and dispatch data.
 

11. Place of performance, jurisdiction, applicable law

11.1 The place of performance for all obligations arising from the contractual relationship is Aalen, Württemberg.

11.2 The place of jurisdiction for all disputes arising from the contractual relationship is Aalen, Württemberg. This also applies to claims arising from bills of exchange or cheques issued to fulfil contractual obligations. We are, however, entitled to bring proceedings against the purchaser before any other competent court.

11.3 The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
 

Severability clause

Should any individual provisions of the contract with the purchaser, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is wholly or partially invalid shall then be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.

We are entitled to process data relating to the supplier within the meaning of the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR) which we receive from the supplier itself or from third parties in the course of or in connection with the business relationship. 

(As at: November 2025)